An unfair comment on face book
Querist :
Anonymous
(Querist) 12 December 2011
This query is : Resolved
Dear Sirs,
I am a secretary of our society in mumbai since september 2011. Before that the society was managed by one person only as per his own will/wish causing a huge financial and non-financial loss to society. We now have a committee of 7 members.
In performing our duty i/we have to take decision in the interest of the society which may not like to 2-3 individual members. Now the children of those 2-3 unsatisfied members (all above age of 18) has made some shameful commemnt on me on the face book. Fortunately, my daughter was watching the same and has taken the print out of these comments by them. One e.g. of comment is that ' Mr.shah (myself) ki lagani hai kya?' ' Mr.Shah ki itni himmant kahan ke woh hame rok sake? etc.
Can i or managing committee of the society take any legal action against those for making some comment on face book causing a damage to my reputation. If yes, how? Wiil their parents be also responsible for the same. What will be consequences of any such legal action.
Your advise in the is highly appreciated.
Thanks.
vinay vaidhya
(Expert) 12 December 2011
yes you can file a defamation case
mahendrakumar
(Expert) 12 December 2011
it would be better to ignore the same.
since they are majors,you cannot make a case against the parents.
V R SHROFF
(Expert) 12 December 2011
Ignore it, as wordings do not support any claim of defamation. You can get restraining order.
you can also issue notices to them not to repeat it, and show cause why action should not be taken [criminal/ civil] against all who published on facebook.
Devajyoti Barman
(Expert) 12 December 2011
The particular words you mentioned is not sufficient for defamation.
However if the wordings in future are such as to bring ridicule of your imgae in the public you may think of bring actions for defamation.
Shailesh Kumar Shah
(Expert) 12 December 2011
Not a fit case for defamation. However, you may give warning for such.
prabhakar singh
(Expert) 12 December 2011
"Mr.shah (myself) ki lagani hai kya?' ' Mr.Shah ki itni himmant kahan ke woh hame rok sake? etc."COURTS MAY NOT CALL IT DEFAMATION.
Secondly the boys are majors and you can make their parent liable for their major son's activities.
Thirdly a suit like your takes 20 years in trial itself in mumbai like cities.
Guest
(Expert) 12 December 2011
Unless some specific but false allegation is leveled, general remarks may not call for any legal action. Better wait and watch. Start taking and gathering printouts of all such comments, so that the same may not get deleted later. That may help you later on if and when the mischievous persons try to actually defame you.
Adv.Shine Thomas
(Expert) 12 December 2011
The words mentioned is not enough for defamation.Ignore it.
Shonee Kapoor
(Expert) 12 December 2011
Unless it effects your performance, ignore some things.
One old saying.... Kutte Bhonkte rahte hai, Haathi chalta rahta hai.
Now I don't direct it to anyone. So no defamation pls.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sudhir Kumar, Advocate
(Expert) 25 December 2011
I agree with all above replies. Every housing society and RWA has got some power hungry people. Some of them cannot tolerate loss of free vegetables, newspapers , milk etc from the vendors free service from laundry woman sitting under someone’s staircase, and from car washing boys using guards as domestic servant, right of nuisance of unwanted interference with police, electricity and municipal officials, ego satisfaction by abusing servants and maids and delivery boys of restaurants, entering society for livelihood. So action is nothing unusual. You may ignore atleast till some period and extent. I would further add that if interested for defamation case, then wait for defamatory comments. The criminal liability has nothing to do with minority or majority. Even if they are minors the criminal action will not lie on the parents unless you can prove them to be abettors still they may be charged as accomplice only and the accused will be the child. Even civil suit will be on the offender. On the other hand as Association office bearer you have every right and duty to distribute these printout in general body meeting for information of the members who have entrusted you the responsibility.
